E4554 V3 ESIA - Construction of Pipeline NEMC Application Ref No. 869 APPENDIX 1 Household Questionnaire UTAFITI KUHUSU MAONI YA WADAU KUHUSIANA NA UWEKAJI WA BOMBA JIPYA LA MAJI TOKA RUVU CHINI HADI DAR ES SALAAM –CHUO KIKUU CHA ARDHI RESEARCH CONCERNING STAKEHOLDER’S OPINIONS REGARDING NEW ESTABLISHMENT OF CLEAN WATER SUPPLY MAIN PIPE FROM LOWER RUVU-SOURCE TO ARDHI UNIVERSITY RESERVOIR TANK Serikali ya Tanzania inaratarajia kutandika bomba jipya kando ya bomba la maji la zamani toka Ruvu Chini, Bagamoyo hadi eneo la chuo kikuu cha Ardhi- Dar es salaam. Tanzanian government is planning to lay new clean water supply main pipe adjacent to the existing main pipe from Lower Ruvu –Bagamoyo to Ardhi University-Dar es Salaam. Tafadhali shiriki kujibu maswali yote kwa ukamilifu kadri ya uwezo wako. Kama huelewi swali unaweza kuuliza kupata ufafanuzi. Please answering all questions as best possible, and where necessary feel free to ask if you don’t understand. A. UTAMBULISHO / INTRODUCTION 1. Jinsia ya mkuu wa kaya / Gender of Household Leader. Me / Male Ke / Female 2. Wewe ni Mkuu wa kaya / Are a Household leader Ndiyo / yes Hapana / No 3. Ulizaliwa Mwaka gani / Date of Birth 4. Unafanya kazi gani / Your occupation • B. TAARIFA YA WAKAZI WA KAYA Majina ya wakazi katika kaya ( usiweke majina ya watu Uhusiano na mkuu Jinsia Umri Kiwango wanaotembelea) Wa kaya Gender Age Cha Names of Residents in a Household ( Don’t include Relationship Elimu names of visitors ) with Head of Household Education level 1 Mkuu wa kaya / Household leader 2 Mke / Wife 3 Mtoto / youngster 4 Mjukuu / Descendant 5 Mzazi / Parent 6 Kaka / Brother 7 Dada / Sister 8 Shemeji / Relationship due to Marriage 9 Rafiki / Friends 10 Wengine / Others C. ELIMU / EDUCATION a) Kuna watoto wanaopata elimu? / Any Children getting Education? Ndiyo / yes Hapana / No Haihusiki / Not Applicable b) Elimu ya wakazi wa kaya / Education level of Household’s Residents Hawana Elimu / No Education Elimu ya Sekondari / Secondary Education Chuo / College Education Chuo cha Ufundi / Vocation Training Education Proponent - DAWASA Page 97 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Elimu ya msingi / Primary Education Chuo kikuu / University Education Elimu ya watu wazima / Adult Education Shule ya awali / Pre School Education Observation Schedule 1. Hali ya Nyumba na Mazingira ya kuishi / Status of Residential Houses 1.1 Aina ya sakafu / Floor type Jibu / Ans. 1 =Tope / Mud Floor; 2=Saruji / Screed Floor; 3=Nyingine taja / other type mention___________________ 1.2 Aina ya kuta / WallType Jibu 1= Miti na matope / Mud wall 2 = matofali ya kuchoma / Burnt Bricks wall 4=Matofali ya saruji / Cement Blocks wall 5=Mabati / Iron sheet wall; 6=Mawe / Stone wall; 7 = Makuti ya mnazi / Thatched wall 8=Aina nyingine zitaje / other type_______________ 1.3 Aina ya kuezeka / Roof type Jibu = Makuti ya nazi / Thatched roof(coconut tree leaves); 2 = Nyasi / Thatched roof (grass roof) ; 3 = Mabati / Iron sheets roof; 4 = Aina nyingine zitaje / Other type mention 2.0 Mali kwenye kaya / Household’s Properties Kipi kati ya vifaa vilivyoyajwa vinapatikana kwenye kaya? / Which between the following properties belongs to the Household Mali / Properties Ndiyo / Yes Hapana / No Baiskeli / bicycle Pikipiki / Motor cycle Bajaji / 3 tyres motorcycle Gari / Car Mkokoteni / Cart Redio /Radio TV / Television Simu ya mkono / Cell phone Nyingine zitaje / other mention 3.0 Hali ya upatikanaji wa maji / Availability of Clean water Maji ya kunywa kwa kaya yanapatikana kwa njia zipi / Ways you can obtain safe drinking water Bomba ndani ya Nyumba / In house water tap 1 Bomba nje ya nyumba / Outdoor water tap 2 Bomba la Jumuiya / Community water tap 3 Kisima kilichofunikwa / Bore hole water 4 Kisima cha wazi / Open well water 5 Mto / River 6 Proponent - DAWASA Page 98 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Chemichemi / Oasis water channel 7 Boza / Supply trucks 8 Mikokoteni / Handcarts 9 Aina nyingine zitaje / other mention 10 4.0 Aina kuu ya nishati kwa ajili ya kupikia / Source of energy for cooking Kuni / Fire wood 1 Mkaa / Charcoal 2 Mafuta ya taa / kerosene 3 Gesi / Gas 4 Umeme / Electricity 5 Aina nyingine zitaje / other mention 6 4. Aina ya nishati inayotumika kutoa mwanga nyumbani / Source of energy for house lighting Taa ya mafuta ya taa (Chemli) / kerosene lamps 1 Mshumaa / Candles 2 Umeme /Electricity 3 Gesi / Gas 4 Mwanga wa sola / Solar panels 5 Kuni / Fire woods 6 Aina nyingine zitaje / Other mention 7 5. Household economy Katika eneo hili watu wana jishughilisha na kazi zipi kujipatia riziki / Economic activities of people leaving in this community ___________________________________________________________________________________________________ _____________________________________________________________________________________________ 6. Mkuu wa kaya anajishughulisha na nini kupata riziki? / Occupation of the household leader ___________________________________________________________________________________________________ ____________________________________________________________________________________________ 7. Endapo utahitajika kuondoka hapa kwa ajili ya kupitisha bomba la maji Ungependa kwenda wapi / Incase you are to be shifted your existing residents because of establishment of new pipe, where would you like to stay? 8. Kipato chako kwa mwezi ni kiasi gani / your monthly income____________________________________ 9. Kipato chako kinatosheleza mahitaji yako? / Is your Income sufficient to cover all necessary expenditures? ___________________________________________________________________________________________________ _______________________________________ 10 Unamaoni gani juu ya mradi wa bomba jipya la maji / Your opinion relating to new pipe to be layed? ___________________________________________________________________________________________________ _______________________________________________________________ 11. Thamani ya nyumba ni Tshs / Your house is worth how much (Tsh)? ____________________________ 12. Je, Nyumba ina hati miliki? / Do you have Certificate of occupancy? i)Ndio / Yes _______ ii)Hapana / no _______ 13. Mmiliki wa nyumba ni / Owner of the house is (i) Me / male ________ (ii)Ke / Female ________ Proponent - DAWASA Page 99 ESIA - Construction of Pipeline NEMC Application Ref No. 869 14) Upatikanaji wa huduma za afya / Availability of Health services. (i) Dispensari / Dispensary -Umbali ilipo toka nyumbani ni km / Distance from home in Km _________ (ii) Kituo cha afya / immediate health service station -Umbali kilipo toka nyumbanini km / Distance from home in Km ________ (iii)Hospital -Umbali ilipo toka nyumbani ni km Distance from home in Km _________ 15.Magonjwa yapi yanayowasumbua wakazi wa kaya mara kwa mara ? Orodhesha / List (i) ________________________ (ii) ________________________ (iii) ________________________ (iv) ________________________ (v) ________________________ (vi) ________________________ 16. Shughuli za kipato za wakazi wa kaya / Typical Activities of the residents of this community (i) Ajira / Employment- Idadi ya walioajiriwa ni / number of employees______________ (ii)Kujiajiri / Self employment - Idadi ya waliojiajiri ni / Number of residents self employed___________________ (iii) Idadi ya wategemezi ni/ Dependant’s number ________________________________ 17. Kuna matatizo gani ya Kimazingira? / Any Environmental problems?-------------------------------- 18. Kuna aina gani ya wanyama pori unaowaona katika eneo hili? Any wild animals seen in your area---------------------------- - Proponent - DAWASA Page 100 ESIA - Construction of Pipeline NEMC Application Ref No. 869 APPENDIX 2 Terms of Reference for the ESIA Study In accordance with NEMC‟s letter to the proponent (DAWASA) dated 6th July 2010, reference NEMC/562/Vol1, the proposed project requires a full Environmental and Social Impact Assessment. The project has been registered and assigned Application Ref. No. 869. These Draft Terms of Reference (TOR) outline the scope of work to be carried out in preparation of the Environmental and Social Impact Assessment and Environmental Management Plan (EMP) for the construction of a second treated water transmission main. Specifically, it should be noted that a separate ESIA was prepared and submitted to NEMC for the Expansion of Lower Ruvu Water Treatment Plant Project. Therefore, the current ESIA refers only to the construction of the second treated water transmission main. ASSIGNMENT OBJECTIVES The basic objectives of this consultancy assignment are: o To conduct an Environmental and Social Impact Assessment (ESIA) of the proposed Construction of a Treated Water Pipeline Project and prepare a ESIA report; o Prepare an Environmental and Social Management Plan (ESMP) that identifies all potential environmental and social impacts of the pipeline project, and propose mitigation measures to eliminate or mitigate those impacts that cannot be avoided, for example by re-routing the pipeline. SCOPE OF WORK The overall scope of the consultancy assignment comprises the preparation of an ESIA report and an ESMP. The ESIA will assess the proposed project components, including construction, operations and decommissioning activities. Specifically, the ESIA study will include but not limited to: o A project description o Characterization of the existing physical, biological and socio-economic environment of the existing site proposed for development o Policies, legislative and regulatory framework relevant to the project o Stakeholder consultations and public involvement o An analysis of alternatives o Identification and assessment of likely impacts o Recommended environmental and social mitigation measures o Environmental and social management plan o Monitoring Plan o Conclusions The ESIA will comply with the Tanzanian guidelines and regulations specified by the National Environmental Management Act No. 20 of 2004 and the EIA and Audit regulations of 2005. The following tasks will be undertaken. TASK # 1: DESCRIPTION OF THE PROPOSED PROJECT Under this task a comprehensive description of the project and its surrounding environment, specifying any information necessary to identify and assess the environmental effects of the project, will be provided. This should include project objectives and project related information on the nature, location / existing setting, timing, duration, frequency, general layout and size of construction works Proponent - DAWASA Page 101 ESIA - Construction of Pipeline NEMC Application Ref No. 869 including support facilities, pre-construction activities, construction methods, works and duration, and post construction activities. A description of raw material inputs as well as products and by-products generated, should be provided. TASK # 2: DESCRIPTION OF THE ENVIRONMENT Existing environmental (physical, biological and human) characteristics of the study area will be described and evaluated. Information will be included on environmental and social changes anticipated during the construction and operation of the proposed project. Specific studies will be conducted to access identified information sources in the country and to obtain additional field data. Field studies will be directed and focused narrowly on collecting data that is applicable to the project and necessary to understand and mitigate anticipated potential impacts. The study area / geographical boundaries, and methodology to be utilized for baseline and other data and the length of the study will be described. This task involves the generation of baseline data which is used to describe the study area as follows: o Physical environment o Biological environment o Socio-economic environment. Physical Environment A description of the physical environment within the proposed project area will include: o Topography o Geology and soils o Meteorology and climate o Hydrology and water resources Biological Environment o A description of the biological environment in the project area will include available information on:  Fauna: Terrestrial wildlife (diversity; threatened or endangered species; game species; daily and seasonal movement patterns)  Flora: Terrestrial vegetation (forestry resources, habitat associations, threatened or endangered species, biologically sensitive habitats )  Special areas (reserves, parks, protected areas) o Field data collection on the biological environment will focus on those identified habitats with the potential for longer-term impact from project construction and operation. o Field surveys will focus on mitigation planning by providing information on the types of vegetation altered and conservation values affected by project construction. Information collected during field surveys will serve as a basis for re-vegetation efforts following construction and operation. In addition to botanical surveys in these areas, villagers will be interviewed to obtain information on local use of vegetation, including timber and traditional or medicinal plants. o Biological field investigations will focus on describing specific wildlife associations in each of the representative habitats and concentrate on resources that may be affected most by project construction or operation. o Interviews will be conducted with local residents to gather information on particular habitats, migration patterns of wildlife and species exploited and income generated from these activities (eg, hunting / poaching, livestock). Information from governments, NGOs, communities, and experts will be used to supplement field observations and extrapolate the potential impacts of project construction and operations on the environment. Proponent - DAWASA Page 102 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Socio-Economic Environment o A description of the socio-economic (human) environment will include available information within the project area on: o Socio-economical factors (including population, housing, occupation and economic activities, income distribution, land use, land tenure ad ownership, education, and settlement patterns, energy sources) o Infrastructure (goods and community services, institutional framework, transportation, public health, education) o Archaeological and historically significant sites o Socio-cultural issues (traditional tribal lands, social stratification, attitudes toward project) o Health situation analysis, This information will then be used to: o Broadly profile the cultural characteristics of people in the project area o Identify land uses and resource conflicts o Describe existing and future economic pressures o Predict potential human impacts and socioeconomic changes arising from the development o The purpose of the socioeconomic field effort is to identify direct and indirect economic benefits and to recognize unavoidable impacts resulting from project development which will require significant planning, time, and resources to mitigate. Specific tasks to be undertaken in this field effort include: o Informal fact-finding missions with government, NGOs, community-based organizations and other relevant stakeholders to determine the current socioeconomic issues and data sources as they relate to the project; o Identification of significant villages within the project area to visit for socioeconomic input; o Socioeconomic baseline description based on experts‟ knowledge and published data; o Meetings with appropriate local government, NGOs, and/or village representatives of directly affected people to discuss potential impacts and mitigation plans. TASK # 3: LEGISLATIVE AND REGULATORY CONSIDERATIONS Local and international laws, regulations, and standards dealing with environmental quality, health and safety, protection of sensitive areas, endangered species, facilities siting and land use control will be identified and evaluated for construction, operating, and decommissioning phases of the project under this task. MCC and World Bank guidelines and Tanzanian government legislation relating to land-use, Forestry and wildlife resources, water resources development, and infrastructure development will be addressed, together with the health and safety requirements specific to the proposed activities. Relevant World Bank and Tanzania regulations dealing with forest resources, wildlife, cultural resources, land tenure, etc. will be addressed for the proposed activities. TASK # 4: DETERMINATION OF THE POTENTIAL IMPACTS OF THE PROPOSED PROJECT o Significant changes to baseline environmental conditions that are likely to occur as a result of the construction, operation, or decommissioning of the proposed project will be identified. To the extent required, a determination will be made as to whether impacts are beneficial or adverse; avoidable or unavoidable; significant or insignificant; direct, indirect, or cumulative, certain, likely, or unknown; construction, operation or decommission induced; short-term or long-term in nature. o Where possible, impacts will be described quantitatively in terms of environmental costs and benefits. A discussion also will be presented which identifies data limitations and uncertainties associated with the prediction of impacts. The ESIA will identify and address short term, medium Proponent - DAWASA Page 103 ESIA - Construction of Pipeline NEMC Application Ref No. 869 term, and long term, reversible, and irreversible impacts. Impacts addressed will include, at a minimum, the following issues: o Air and water quality o Avoidance and management of sensitive areas (eg. wetlands) o Biological diversity o Cultural properties/assets o Economic benefits o Indigenous peoples o Land use, tenure and settlement o Noise and dust pollution o Occupational health and safety o Soil erosion management o Cumulative effects TASK # 5: ANALYSIS OF ALTERNATIVES o The ESIA will include an analysis of alternatives to meet the ultimate project objectives. A “no action” alternative will be considered. The ESIA will describe how the alternatives compare in terms of potential environmental and human impacts, suitability under local conditions (ie., skill requirements, level of technology) and reliability, and monitoring requirements. o To the extent possible, the costs and benefits of each viable project alternative will be evaluated. Alternatives discussed may include design approaches or construction procedures that are sounder from an environmental, economic, or socio-cultural viewpoint than the project as proposed. The ESIA will discuss the process by which alternatives were selected for analysis and provide a list of other alternatives considered and rejected, along with reasons for these decisions. TASK # 6:DEVELOPMENT OF MANAGEMENT PLAN(S) TO MITIGATE ADVERSE IMPACTS o Under this task, mitigation measures and project design features will be recommended to avoid significant adverse project impacts or to reduce them to acceptable levels. If standard mitigation measures cannot be identified or implemented to avoid or reduce project impacts on site, alternatives to compensate for unavoidable losses due to the project will be considered. o Environmental management plans will be developed to address construction, operations, maintenance, and decommissioning activities and will include proposed work programs, cost estimates, staffing and training requirements, and other necessary support services to implement mitigation measures. The management plans also will include measures to minimize the potential for accidental, adverse impacts and will specify emergency response requirements. TASK # 7: DEVELOPMENT OF AN ENVIRONMENTAL MANAGEMENT AND MONITORING PLAN o A plan to monitor the implementation of mitigation measures and the impacts of the project will be developed under this task. An estimate of capital and operating costs to implement the plan will be provided together with a description of other inputs such as training and country capacity building needed to conduct it. Specifically, the ESMP should detail the following: o Describe the environmental and social conditions and identify the possible adverse issues associated with the proposed pipeline construction, which the ESMP is intended to deal with; o Assess whether proposed construction of the new pipeline will address or exacerbate environmental and social problems and propose routing alternatives; o Propose and describe mitigation actions that need to be implemented and indicate how and when they will be implemented. These actions should be reflected and costed in the preliminary and detailed engineering designs; Proponent - DAWASA Page 104 ESIA - Construction of Pipeline NEMC Application Ref No. 869 o Define the institutional arrangements at the community / DAWASA level, by specifically describing who will be responsible for implementing the ESMP during the construction and operation phases of the project, including the environmental mitigation actions; o Prepare a monitoring program that will involve communities / DAWASA as appropriate to assess environmental and social effects of the project - both positive and negative, if any; TASK # 8: ASSIST IN INTER-AGENCY COORDINATION AND PUBLIC PARTICIPATION / CONSULTATION The Consultant will assist in coordinating the ESIA with government agencies and in obtaining the views of local NGOs and affected groups. The opinions expressed by these NGOs and other interested parties and affected groups will be documented in and appended to the ESIA. Consultation methods used will include individual or group meetings with government and NGOs, public meetings and Focus Group Meetings (FGMs) with Project Affected Persons and key informants. Issues identified and concerns expressed during this process will be addressed in the ESIA. The contents of the ESIA will be made available to the affected groups during the public review period. TASK # 9: REPORT PREPARATION The ESIA will be concise and limited to significant environmental and social issues. The text, which will be in English, will focus on findings, conclusions, and recommended actions supported by data summaries and a list of references used in interpreting data and justifying conclusions. Any detailed analyses, interviews of interested groups and affected parties, and unpublished reference documents, referred to in the ESIA will be presented in appendices. The ESIA will be in a format such that the following information is addressed and easily accessible. The main sections of the report will include: o Executive Summary o Acknowledgement o Acronyms o Introduction o Description of the proposed Project o Description of the Baseline environment and social conditions o Policy, administrative and Legal framework o Stakeholder consultations and public involvement o Selection of Alternatives o Identification and Assessment of impacts o Environmental and Social Mitigation measures o Environmental and social management plan o Environmental and social monitoring plan o Summary and conclusions o References Proponent - DAWASA Page 105 ESIA - Construction of Pipeline NEMC Application Ref No. 869 APPENDIX 3 LIST OF PERSONS INVOLVED IN CONSULTATIONS COMMUNITY LEADERS • Proponent - DAWASA Page 106 ESIA - Construction of Pipeline NEMC Application Ref No. 869 COMMUNITY MEMBERS Proponent - DAWASA Page 107 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Proponent - DAWASA Page 108 ESIA - Construction of Pipeline NEMC Application Ref No. 869 • Proponent - DAWASA Page 109 ESIA - Construction of Pipeline NEMC Application Ref No. 869 APPENDIX 4 MINUTES OF GROUP MEETINGS PUBLIC MEETINGS Minutes of the public meeting held at BOKO held on 1st July 2010 PRESENT 1. Salum Mwinyi 25. Peter Kassidi 49. Ben David Zoro 2. P. Nelimbuchi 26. Idrisa Hamis 50. Samson Ambahisye 3. Atanas Salumo 27. Mwinyipembe Ramadhani 51. Asia Omari 4. Alex Luka 28. Fabian J. Amos 52. Nam Amisi 5. Nyambo Raphael 29. Samson N, Banga 53. Levo Agustino 6. Jolaihans Mihalano 30. Paul Hassan Mahava 54. Naima Nasibu 7. Seleman Abeid 31. Millary Kunasole 55. Mrs, K, Shoo 8. Dad Hashim Mledo 32. Kuruthum Sewe 56. Zainabu Saidi Kadugula 9. Idd Adlala 33. Rehema Rajabu 57. Amin Ali 10. Kassim S. Mkange 34. Salema Emanuel 58. Symphrosa R. Gordian 11. Musa Hawazi 35. Joyce Marice 59. Anues Paulo 12. Karim Kilahela 36. Vester Mladay 60. Aron Samwel 13. Salavatory M. Shayo 37. Valentino Ngeneza 61. Marium All Mgefa 14. Charles S. Mahango 38. Osmund M. Akule 62. Mwanaidi Omari 15. Ngilishoe Ngoty 39. Iluminata John Nyoni 63. Rehema Raphael 16. Rajabu Ally 40. Ashajabili Shembaza 64. Charles Msongola 17. Mwinyi Mutaka 41. Maimuna Said Kibwana 65. Ammy Ali 18. Chuma Mohamed 42. Faluma Ari Dula 66. Dr. W. Sarunday SMEC 19. Raphael Shekihiyo 43. Elizabeth Thomas 67. Eng. Mdee SMEC 20. D.P Susesa 44. Anyambilile Mela 68. Nelly Msuya, DAWASA 21. Karo M, Mushi 45. Luth Jakson 69. Suzi Minja, DAWASA 22. Rahm Hamadi 46. Juliet Charles 70. A.S. Rajabu, SMEC 23. Venance A. Mrema 47. Asha Salum 71. L. Tesha, SMEC 24. Issa Joseph. Onyango 48. Timoty Chuwa AGENDA o Registration o Opening About The Project o Information About The Project o Issues Raised By Participants o Conclusion and Closing The Meeting. OPENING THE MEETING The Sub -ward chairman welcomed DAWASA and SMEC staff to the meeting. Mr Abubakar Rajabu, was requested to chair the meeting. The meeting was opened at 11:00 A.M. The chairman thanked the community for attending the meeting. He invited Ms. Nelly Msuya the director of Community services in DAWASA to give an explanation about the new water project. Ms. Msuya said the purpose of the meeting was to discuss about the effects of constructing a new water pipe across the area. Proponent - DAWASA Page 110 ESIA - Construction of Pipeline NEMC Application Ref No. 869 There were many questions and concern which were raised by the community. Generally the community was positive about the project. But said if DAWASA needed extra space for the new water pipe, the people affected should be paid compensation in time, so that people do not suffer. The government should allocate special areas for resettlement. o Currently, many women spend a lot of time fetching water. There is need for water supply for the community o What time of compensation will the government give, what criteria will it use. (asked Paulo Mahaba) DAWASA staff explained to the people that: o DAWASA will ensure that everything will be examined carefully to reduce unnecessary demolition and that resettlement and compensation will be done according to the laws of Tanzania o The water pipe was built in 1970‟s at that time there were because and clear demarcations. But now many because have disappeared. Other because will be put. o The owners of property close to the water pipe will be properly compensated. Further questions on the project were raised. o What are the real old water pipe reserve measurements (asked Mchungaji Sekio) RESPONSES o Measurements are 7.5 meters to the east and west of the existing pipe. But when found necessary those houses will be destroyed out of the reserve are will be compensated. o There is always time limit for the value of money. Assessment can be done this year and payment made after several years, how can you ensure that this problem does not occur? (Asked Asha Salum) RESPONSE o The government will make sure soon after assessment payment will done, before six months. o When will project start? o (Asked Mzee Raphael Nyembo) RESPONSE Currently we are engaged in getting opinions from the community. This step is critical once the whole process of consultancy assessment and compensation is done, the project will start. CONCLUSION The meeting ended at 1:45pm by the chairman thinking the community for attending the meeting and being very open and honesty on the proposed project. Proponent - DAWASA Page 111 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Minutes of the public meeting held at KONGO VILLAGE, BAGAMOYO DISTRICT, held on 23rd July 2010 PRESENT 1. Mwinyimvua Mukaki, Chairman 1. Lucia Komba, Member 13. Issa Muhambo, Member 2. juma A. Sambuka, VEO 2. Johson Richard, Member 14. Maneno Mtambo, Member 3. Hamisi Palango, Member 3. Minjuu Mkawa, Member 15. Husein Mkawa, Member 4. Salum Mwinyikambi, Member 4. Kazi Juma, Member 16. Ibrahim V. Teta, Member 5. Shija Kabeya, Member 5. Rehema Mpande, Member 17. Richard Ndekeb, Member 6. Hemedi Ngajugago, Member 6. Mwajabu Mkana, Member 18. Mohammd Hatibu, Member 7. Juma Mayela, Member 7. 20Mariam Rajabu, Member 19. Biggio A. Biggo, Member 8. Mtumwa Shida, Member 8. Veronica Msindo, Member 20. Juma Madoba , Member 9. Mwinjilisti Lotimakad, Member 9. Juma Shaabani, Member 21. Kuruthum Shaaban, Member 10. Said Mapande, Member 10. Sauda Alli, Member 22. Mariam Mtolo, Business 11. Sofia Kiwanyara, Member 11. Fatuma Omari, Member 23. Abubakar S. Rajabu, Facilitator 12. Vidor M. Banda, Member 12. Zainabu Mnubi, Chair UWT 24. L. Tesha, Recorder 13. Tata Isanza, Member AGENDA o Registration o Opening the meeting o Information about the project. o Issues raised by participants o Conclusion and closing the meeting. OPENING THE MEETING The village chairman opened the meeting at 9:30Am by welcoming SMEC representatives to the meeting. The meeting was facilitated by Mr. A. S. Rajabu. He thanked the community members for agreement to attend the meeting. INFORMATION ABOUT THE PROJECT The facilitator informed the community about the new project, out liming some of the benefits of the project. He also informed them, that in view of the fact that the new pipeline is of great benefit to them, it may also affect some people‟s houses, farms, as well as public property depending on the final decision of the route. He however informed the meeting that the government will always make sure that it will plan very carefully to ensure that no property is affected and that when it is absolutely necessary then some compensation will be made according to the laws of Tanzania. As this process is participatory we have come here to inform and seek your opinion about the proposed project. ISSUES RAISED There were a number of questions and concerns regarding the proposed project:- o Richard Ndekeko informed the meeting that the old water pipe was laid down according to laws and regulations. There is no need to waste much of the time if the Government wants to put up another pipe they should do so. The demarcation should be clearly indicated and if there is need to expand then compensate the people concerned. o Fabian Makimla (Mwinyilisti) in Kongo. Supported the project but people should be compensate. o Mr. Mtambo, CCM Chairman asked about the timetable for the project. He was informed that after the consultative process the project will commence. Proponent - DAWASA Page 112 ESIA - Construction of Pipeline NEMC Application Ref No. 869 o Hajat. Zainab Mnubi (the UWT) Chairman requested DAWASA to make water available to the community. At present they buy water at Tshs. 50/= per bucket. This is very expensive to the normal poor woman in the village. o Hemed Ngajulage (Mngindo) said the village is safe guarding the security of the water pipe but they do not get any benefit from the project. o Similary Mr. Juma Mohamed Mapunda remarks about the price of water to be high Shs. 50/= is t much for the poor family he cannot afford that. o Mr. Saidi Mkawa, said if DAWASA knows the boundaries of the road reserve/and water pipeline reserve the matter should be clear. o Hamisi Palango said he was in the village since 30 years ago when this water pipe was being laid. He has not seen any value of the pipeline. He will be surprised to see any new benefits. They have been there for decades but they have no benefited from the water pipe. CONCLUSION On the whole the whole the community was very positive about the project. Their only concern is that DAWASA has not put clear beacons and proper demarcations which indicate clearly which boundary is the limit of the pipeline and there should be regular monitoring of the water pipeline corridor. Do not expect the water pipe constructed 30 years ago to remain without being tempered with, especially if there are no seminars or inspectors to monitor the corridor. The meeting was closed at 11:00am. Proponent - DAWASA Page 113 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Minutes of public meeting held at Bunju ‘A’ on 29/07/2010 PRESENT 1. Anaedo Edward 16. Mchande Karandinga 31. Rashidi Bola 2. Sofia Said 17. Havintishi Ramadhani 32. Miraji Mdeme 3. C.A Maulidi 18. Helena Kafumba 33. Jesca Rugamila 4. Jummane Chambi 19. Mwanaidi Rashidi 34. Agnes Mgedela 5. Juma Selemani 20. Halima Abel 35. Paulo Anatori 6. Abati Mohamed 21. Sais Mbute 36. Mzee B. Mparala 7. Hasani Khamis 22. Mariam Mwamedi 37. Omari Juma 8. Andrew Makou 23. Jofrey P. Maro 38. Matokeo Bartazan 9. Dawson Rwegabura 24. Augustine Pius 39. Lumenyesaria Kisanga 10. Maiko Kaoyaye 25. Omari Selemani 40. Patrick Kanyakole 11. Christina Musa 26. Sibilina Mbawala 41. Augustino Choka 12. Phabian Richard 27. Mwajuma Shabani 42. Dr Sarundy W 13. Jelioni Mbogela 28. Brighton Chapola 43. Dr Thar 14. Heri Saimoni 29. Milcah Joseph 44. A S Rajabu 15. Maria Ulomi 30. Domiko Mujo AGENDA o Registration o Background and purpose of the project o Questions from the affected people and responses o Closing the meeting The meeting was opened by Mr Rajabu by describing the project background and its purpose. He said that the government of Tanzania has received funds from the United States of America, through the Millennium Challenge Account for the construction of the new water pipeline. Currently water for Dar es Salaam is inadequate to meet the needs of the people. He called on the community to cooperate with government to ensure that the project succeeds. There were a number of issues that emerged during the meeting as follows: They do not know exactly where the old pipeline passes, the size of the pipeline is not known, they have no member of parliament representing them in this meeting therefore the meeting should be postponed until elections are held. Question- D. Rwegasira . This project will affect people who are already settled therefore the government should compensate them. Mr Sarunday made some clarification the project by pointing out that the old pipeline cannot sustain the needs of 4 million people in Dar es Salaam. Mr Michael Kavyaye pointed out that to the best of his knowledge three houses have encroached the water pipe corridor, what willhappen to them? Dr. Sarunday told the meeting that investigations will be made to determine exactly what needs to be done and in necessary compensation will be considered. Most of the houses in Bunju are away from the proposed pipeline. Mr Abasi Mbute, asked how they can obtain employment from the project. The answer was, the youth will be considered for employment when the project starts. Sabas asked Dr. Sarunday what happens when the trench crosses near their houses. It is most likely that people will be prevented from passing, and so cause disruption of the activities. The meeting was informed that the matter will be forwarded to DAWASA authority so that any such interpretations are kept to allow minimum. The meeting was closed at 4.48 pm. Proponent - DAWASA Page 114 ESIA - Construction of Pipeline NEMC Application Ref No. 869 FOCUS GROUP DISCUSSIONS (FGD) Focus Group Discussion at Mbezi Ndumbwi (for Women) : 24 June 2010; 10:35 am o OPERNING THE MEETING o INFORMING PERTICIPANTS ABOUT NEW WATER PROJECT. o DISCUSSIONS OF IMPORTANT ISSUES o SUGGESTIONS AND GENARAL COMMENTS. Chairperson informed members that Government of Tanzania is planning to implement a new water project from Lower Ruvu to Dar es salaam. The main reason of the project is to reduce the existing shortage of water to residents of Dar es Salaam and near areas. The existing pipe of 54 inches is not enough despite that it is also outdated technology. The main purpose of this meeting with you is to discuss various matters relating to the implementation of the project and hearing your opinions in order to support Government and DAWASA to implement the project effectively and smoothly. IMPORTANT ISSUES DISCUSSED. Participants discussed various issues which arose during process of implementing the project. These are:- a) Effects At the time of laying new pipe there will shortage of water due to cutting of service pipes, this will result in shortage of water. Traffic jams due to destruction of street roads which results some difficulties in movement from one place to another and in some areas the main road will be affected. Due to squatters some families will lose their homes. Suggestion; We advise the government, DAWASA and other stakeholders to plan properly the project to minimize side effects to the society especially women because we are responsible for various affairs of the family such as fetching water for cleaning the house, washing clothes, cooking and other activities in the family which need use of water. b) Benefits Completion of the project will improve various commercial and domestic activities, time which is used at present for fetching water will be used for production activities, hence raise economic standard of living. All business which needs use of water will be improved and match with current science and technology. SUGGESTIONS AND GENARAL COMMENTS o Participants suggested that DAWASA and DAWASCO should control leakage of water in main water pipe and tertiary pipes. In so doing this water will be available to more citizens and improve their health and standard of living in general. o The project should consider those whose residential houses will be demoshed during laying down of the new water pipe. Sensitization to affected people during implementation of the project should not be ignored by the government and her organs. CONCLUSION Chairperson thanks participants for their kindness and constructive contributions. The meeting was closed at12 noon. Proponent - DAWASA Page 115 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Cluster representatives (Men) – Mbezi Mzumbwi; 27 June 2010; 10:35 am o INFORMING PERTICIPANTS ABOUT NEW WATER PROJECT. o DISCUSSING IMPORTANT ISSUES o SUGGESTION AND GENARAL COMMENTS. INTRODUCTION Participants were informed about the new water project; a letter from DAWASA was read by the Chairperson. Thereafter participants were invited to give their views and suggestions about the project. Below are some of the issues which were raised:- a) Side effects of the new water pipe project. Participants said if the new water pipe line passes through areas which are out of the existing pipe reserve. It is important for the Government/DAWASA to have agreements with the owners of such properties which will be demolished. If it will be laid only on the existing pipe reserve no compensation is necessary, only information to people along the existing pipe is necessary. Most of the existing pipe reserve area is open, but there are various temporary activities which are carried out on reserve area of the existing pipe. We are sure that during the activities of laying the new pipe the environment and streets away from the main road will be distracted. We are requesting reconstruction of the project to be carried out soon after new water pipe is laid down. During implementation process there should be alternative means of moving across to interior location. Where resettlement is inevitable, reasonable compensation should be given to affected families in time before great change in value of money takes place. Affected families will be able to resettle their life as before in the new site smoothly. C) Mbezi Ndumwi ( Men) a) Benefits of the project: Participants said that, the problem of shortage of water will be solved, health of citizens will be improved and time which is currently used for fetching water will be used for productive activities and raise enhance economic situation. Also participants doubt that the new water pipe will be laid where the old pipe is laid, at this point the families on the hill do not get water due to low pressure of water. They believe that the same problem will occur when the new pipe will be laid. We suggest that the new water pipe be laid parallel with SONGAS pipe on the high land where most of the families are not getting water. If it passes at this area the water pressure will be sufficient and distribution of water will be easier and effective. c) General opinion and suggestions: We are accepting the project and we are ready to support it at all stages of implementation. But we are advising the government and DAWASA to do enough studies to show how the society will benefit from the new water project so that it is relevant and value for money spent in this project. The Chairperson thanked participants and closed the meeting at 1:30 pm. Proponent - DAWASA Page 116 ESIA - Construction of Pipeline NEMC Application Ref No. 869 C) WATER COMMETTEE – TEGETA (Men and Women) held on 26th June 2010 o OPENING OF DISCUSSION o MATTERS RAISED AND DISCUSSED o CONCLUSION OPENING The Chairperson opened the discussion at 11:00AM by inviting the audience, giving a brief explanation concerning the new lower Ruvu water project and reading to participants‟ the letter from DAWASA which explains about the project. Thereafter participants were invited to discuss about effects of laying new water pipe across the area. The following were the responses: (i) Generally we are accepting the project 100% and we are ready to provide support. Those who build their residential and commercial houses intentionally on water pipe reserve area it is not necessary to be compensated. The major effect is demolishing of residential and commercial houses. They suggest that:- - If the new pipe will need more space than the reserve area the affected families should be paid in advance and necessary payment to be paid in time, this will reduce disturbance and plan new settlements. - Those who have encroached the pipe reserve should be given notice, so that they can look for new settlements. (ii) Concerning resettlement, it is not easy to mention direct where it will be, but each individual can plan for his own settlement. If the Government can plan areas for resettlement is ok. Completion of the project will result various benefits, the benefits are as follows:- (iii) The problem of Women spending most of hours in a day fetching water will be almost solved, and the time will be used for other productive activities in the family. Hence the family income will rise at present time we are purchasing one bucket of water for tsh.50 and 500 in some areas. Completion of the project will minimize the existing shortage of water. The water price will be reasonably low and many families will improve their health through use of safe and clean water. Cash used to purchase water at present will be used for other necessities such as paying school fees for their children. (iv) It will help to maintain discipline in families, because for the time being some young men and women waste much time outside their home fetching water instead of doing other business. Availability of water will facilitate effectiveness in domestic uses such as cooking, cleaning house, laundry and many others. Generally members of families will be more healthy and capable to participate effectively in production activities. CONCLUSION We are advising DAWASA/DAWASCO to enhance repair team in order to minimize amount of water which is lost through leakage. Introducing pre payment system in order to improve water service and control unrelated bills which is usually presented to customers. The chairperson thanked participants and closed meeting at 12:35pm. Proponent - DAWASA Page 117 ESIA - Construction of Pipeline NEMC Application Ref No. 869 APPENDIX 5 PHOTOGRAPHIC RECORD OF PUBLIC CONSULTATIONS Public Meeting in Boko Public Meeting in Bunju ‘A’ Proponent - DAWASA Page 118 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Public Meeting in Kongo Village Proponent - DAWASA Page 119 ESIA - Construction of Pipeline NEMC Application Ref No. 869 APPENDIX 6 SUMMARY OF COMMENTS RECEIVED FROM COMMUNITY LEADERS SN NAME POSITION VILLAGE OPINION 1 Stephen Village Boko  Problem of water shortage will be tackled Ngonye Chairman  Loss accommodation  Water will be disconnected  Infrastructure will be affected  Can go anywhere if it is safe  Advices the pipe to pass close to the old pipe  During the construction process, some Electricity cuts are inevitable  Street transportation will be disrupted  School attendance will affected through days  If water supply will be affected therefore there will be water rationing  Many streets will disrupted 2 Pius Mlekwa VEO Mbezi  Problem of water will be reduced Ndumbwi  Benefits, obtain water at low rates  Communities should be compensated  Communities will be affected through demolition of their houses and property  Some business will cease  Incomes will decrease  Can leave the area if well compensated  The pipe should pass close to the old one  Business will cease  Demolition will occur  Project will cause long queues 3 Abdallah Chairman Wazo  Can facilitate increase in water supply Mtunze  Can increase peoples income  When the pipe bursts it can cause deaths  Water pipe can pass anywhere as long it doent cause problems  Water pipe should pass where it is possible to obtain water for community  Water pipe should pass close to old pipe but community should be educated not to build houses close to the pipe.  There is problem with the project except when it busts  No disruption of their business  The project should come quickly, we are affected by water shortage 4 Mrs. Jackson Member Mbezi Kati  Water is life, we need water Kibiki  Can enhance good life  Health and hygiene will improve  Loss of property is bad Proponent - DAWASA Page 120 ESIA - Construction of Pipeline NEMC Application Ref No. 869 SN NAME POSITION VILLAGE OPINION  Can go anywhere if there are social services  Businesses can not be affected  Can lose some services during construction work  People will prepare for the disruption  Communication cannot be affected  We are ready for the project and will support it 5 Alhaji Salum Chairman Mbezi Kati  Water supply will be enhanced Londa  Water will be adequately available  Water will build confidence among community and the Government  There will be disruption of infrastructure  Ready to shift to conduct area or union but social services should be available.  Proposes the pipe to pass along the old one  Some business will have to stop for some time  Any disruption will affect communities, new places are not easy to adapt  Social services will be affected  Parents will need to take extra care of their children going to school  Communities will be forced to preserve water during the project if interrupted 6 Mselem Chairman Dovya  Transport system will affected Masoud Subward  The project should start quickly to enhance social services  Water supply will be enhanced  New water pipe will cause a disaster if it bursts  Ready to shift elsewhere when asked to do so  Should pass on the right side of the old pipe to reduce negative impact  Business will be disrupted if shops will be demolished  Negative effects will be demolishing of the houses  He thinks social services will not be disrupted  Schools will not be affected  The project should start as soon as possible  The exercise should be well planned and organized professionally to avoid problems 7 Mr. Choka Village Bunju A  Water Services will be enhanced Executive  When the water pipe bursts people will be adversely affected Officer  Crops will be affected  Infractions will be affected: electricity , roads, telephone 8 Charles Member Boko  Some trees will be cut Msongela village  Some households will miss services council  Social services will not be affected  Water services will improve  The project should start as soon as possible  Water supply enhanced  Loss – some houses will be demolished Proponent - DAWASA Page 121 ESIA - Construction of Pipeline NEMC Application Ref No. 869 SN NAME POSITION VILLAGE OPINION  Ready to vacate the place if compensated  Suggest the water pipe to pass along the old pipe water  Demolition of house will cause disruption to communities  Social services will be enhanced  Water services will be obtained easily  The project should start as soon as possible 9 Monica Subward Salasala  Every house hold will get water Timba Chairman  Loss – will affect people’s demolished houses within the way leave  Business along the new Path will be disrupted  Can vacate the site to any desirable place  No other place will be desirable to pass the new water pipe  Some services will be greatly affected  Schools like Green Acres will be affected  Water supply will be disconnected  Roads may be impossible  The affected people should be supported not abandoned Proponent - DAWASA Page 122 ESIA - Construction of Pipeline NEMC Application Ref No. 869 APPENDIX 7 AGREEMENT IN PRINCIPLE - TANROADS AND TWIGA CEMENT Proponent - DAWASA Page 123 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Proponent - DAWASA Page 124 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Proponent - DAWASA Page 125 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Proponent - DAWASA Page 126 ESIA - Construction of Pipeline NEMC Application Ref No. 869 APPENDIX 8 EXECUTIVE SUMMARY The Project The expansion of the LR WTP project is financed by the United States of America through the Millennium Challenge Account Tanzania (MCA-T) under the Ministry of Finance and Economic Affairs. In July 2009, SMEC International (PTY) Limited was engaged to undertake a study, for the LR WTP expansion works. Part of the study included an assessment of the capacity of the existing transmission main (ETM) to ascertain if its capacity could be increased from 180 MLD to 270 MLD . The study concluded that the ETM was not capable of conveying the additional flow, and recommended the construction of a second pipeline. The construction of a second treated water transmission main project is financed by the Millennium Challenge Corporation, USA. In May 2010, SMEC was retained to: undertake preliminary investigations, prepare an Environmental and Social Impact Assessment (ESIA), preliminary resettlement plan and prepare detailed designs and tender documents for the new transmission main (NTM). The MCA-T, in its Option 2: Statement of Work (SOW)), for constructing the NTM between LR WTP and the University Terminal Reservoirs requires a preliminary resettlement scoping, consisting of resettlement assessment, in accordance with the World Bank OP 4.12 and relevant GOT laws and regulations. Aim and objectives The overall aim of this preliminary RAP is to assess any adverse impacts of the proposed project on the households living along the NTM corridor and to assess; its severity of impact, provide an inventory of all affected assets, inform the affected persons about the project and policy applicable for providing compensation and assistance and provide preliminary resettlement cost estimates. The preliminary RAP, as mentioned in the MCC guidelines follows the World Bank‟s operational pol icies and procedures, particularly OP 4.12 related to involuntary resettlement. In accordance with the Option-2: SOW, the preliminary resettlement scoping included the following sub-activities:  A socio-economic baseline survey of affected persons and their assets;  Consultations with persons potentially affected by the project, to inform them of project activities, the likely time frame, and an initial indication as to their preference for cash or in- kind compensation;  A preliminary estimate of the number and types of cases of potentially affected persons;  An asset inventory to document all crops, structures and land that may be affected and attract compensation;  A preliminary cost estimate for the resettlement, based on estimated unit rates for different types and size of structures; and  A preliminary estimate of the cost of providing compensation to all affected parties. These activities were carried out in accordance with the World Bank‟s OP 4.12, MCC Gender Policy and relevant GOT Laws and Regulation. Information for the preliminary RAP was collected through primary and secondary sources.. Major steps used for this study included:  A desktop review of documents and other secondary data;  Observation from site visits;  Interviews with government authorities and local government officials; and  A census and socio economic survey, community meetings and consultation with PAPs and focus group discussion with women. Proponent - DAWASA Page 127 ESIA - Construction of Pipeline NEMC Application Ref No. 869 The Project Description The project area essentially comprises a 55.8km long narrow corridor, commencing at the existing LR WTP and extending along the route of the NTM, which is generally located parallel to the ETM, and terminating at the University Terminal Reservoirs in Dar es Salaam. The project site is located in sections of Bagamoyo District (within the Coast Region) and Kinondoni Municipal Council District (within Dar es Salaam Region). The town of Bagamoyo is located approximately 75 km north of Dar- es-Salaam on the coast of the Indian Ocean. Topographically, the project area covers areas of lands in a costal belt zone, ranging from 0 to 65 meters above sea level. The pipeline crosses 7 moderately sized, but seasonal rivers, namely the Mkuza, Kerega, Mapinga, Mpiji, Nyakasangwe , Tegeta and Mbezi Rivers. Pipeline Easement and its Alignment The ETM is located within an easement which extends from the LR WTP to the University Terminal Reservoirs. This easement grants DAWASA, and its operator DAWASCO, the right to enter the lands for operating and maintaining the ETM. In order to minimize compensation issues, the NTM will generally be constructed within the existing easement of DAWASA. This easement is 5 metre wide each side of the ETM. The need for an additional 5 metre easement for the NTM led the team to identify alternative routes in places as the existing route of the ETM has become congested in places due to recent developments. The proposed alignment of the NTM was finalized through an iterative exercise of site assessment by the Consultants. Consultation with the people inhabiting the pipeline corridor and interactions with the village/ward representatives assisted in selecting a new aligning corridor for the NTM. The ETM has a legal entitlement for an easement, for the purposes of maintenance and repairs, which extends 5 m from either side of the pipe, making the total width approximately 11.8 m. The easement is in accordance with Act No. 20 of 2001. Legal and Policy framework While developing this PRAP, the relevant laws and policies of the Government of Tanzania and the World Banks‟s OP 4.12 related with Involuntary Resettlement were consulted. These laws and policies include: Land Acquisition Act no. 4 of 1999, Land Acquisition Act 5 of 1999, Land Acquisition 47 of 1967, the village Land Regulation Act, 2001, the Town and Country Planning Ordinance cap 378, DAWASA Act 20 of 2001, MCA-T‟s Gender Policy and Resettlement Policy Framework of 2007. The World Bank Operational Policy 4.12 on Involuntary Resettlement guided the preparation of this Report. The World Bank Operational Policy OP 4.12 on Involuntary Resettlement outlines many of the same principles contained in Tanzanian regulations. These include:  The fundamental requirement of full, fair, and prompt compensation including various costs in computing compensation, paid through allowances for the indirect costs associated with replacing assets (disturbance, transport, etc.); and  Entitlement for the payment of compensation are based on the right of ownership in Zanzibar Laws while the World Bank OP 4.12 is fundamentally different from this and states that affected persons are eligible to some form of compensation whether or not they have legal title if they occupy the land by a specified cut-off-date. The laws relating to land administration in Tanzania are wide and varied. Entitlements for payment of compensation are essentially based on the right of ownership, occupation and use of land. The Bank OP 4.12 is not fundamentally different from this, except that the Bank recognizes the right of encroachers and illegal occupants if they occupy the land by a specified cut-off date. Potential Impacts The Census and socio-economic survey was conducted during November 2010 to January 2011. A total of 277 households including 18 tenants are affected. The households are estimated to have a total of 1787 individuals. The summary of impacts is given below: Proponent - DAWASA Page 128 ESIA - Construction of Pipeline NEMC Application Ref No. 869 ES-1: Potential Impacts Impact Category Impact Description Households and  277 households will be affected through loss of land or other asset; Investors Affected taking the Census average household size of 6.9, leading to 1787 people directly affected by the project following the lines on involuntary resettlement. Land Acquisition  All land loss will be permanent, although some land required for construction of the Project infrastructure may be temporary;  An estimated 6.43 ha will be acquired from the land owners; and  Most of the land that will be acquired is constituted as open land farmland. Adverse impact will be felt in terms of marginal loss of income. Generally most will be able to manage or sustain their livelihoods with their remaining plots of land; only a few people will lose a significant portion of their land (greater than 20%) or be adversely affected permanently by the construction of Project infrastructure. Acquisition of  26 residential structures from 26 households will be affected; and structures  43 commercial structures will be affected. In addition to the owners of these structures, 18 tenants run shops. Involuntary  12 households will lose more than 30 percent of their structure. relocation  Only one structure is a squatter in the Boko area, located within the existing DAWASA easement.  Others wish to either get good compensation for the structure so that they can rebuild it.  8 land owners will lose more than 20 percent of their land as a result of the project.  4 of the 8 are likely to lose more than 30 percent of their land indicated that their preference was for cash compensation. Vulnerable  The survey brought out the fact that 90 households belong to Households „vulnerable groups. Of these 76 households are women-headed, which is 27.6 percent of the total project affected households. This is close to the national percentage of 24.9. The remaining households are elderly-headed. Access constraints  The movement of people and animals will be constrained during the construction period. Women and children will generally face greater problems than men. Socio-economic Profile of PAPs An average household size is 6.9 people and the range in household size is two to twelve people with the male to female ratio being in favour of males. More than 50 percent of the population is reported to be in the age-group of 0 -14, which is higher than the national share of 44 percent. Households are mainly comprised of extended family units. The survey revealed that the project affected population has a high rate of literacy with only 18 percent found to be illiterate. There is a high level of standard seven pass out (35.8 percent) and secondary school leaves (32.4 percent). There is a diverse sources of income amongst the affected households members with only 6% being government employees. The majority of people are in the business sector making up 39% and agriculture 21%. Malaria was found to be the most common disease and there is a low level of HIV/AIDS. Most of the PAPs in both of the project districts reported to have access to health facilities, school and grassland. Proponent - DAWASA Page 129 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Project affected villages in the Bagamoyo district have grazing land for their livestock. The PAPs have access to a dispensary and a pharmacy in their own locality. However, the affected villages in the Bagamoyo Districts did not have access to a hospital in their locality. The survey also revealed that all pipe supply water is available in all the villages, however, the tap connection is not available inside all houses. With regard to income, more than 63 percent of PAPs earn Above Tsh 50000 per month and about 60 percent of PAPs earn more than 100,000 Tsh per month. 90 PAPs were found to be vulnerable of which 76 are WHHs and 14 are Elderly Headed Households. Entitlements and Eligibility According to the World Bank Safeguarding Policies, eligible individual(s) are those who are directly affected socially and economically through the road project caused by: (a) The compulsory taking of land and other assets resulting in the following: (i) Relocation or loss of shelter; (ii) Loss of assets or access to assets; and (iii) Loss of income sources or means of livelihood whether or not the affected persons must move to another location. (b) The PAPs were considered irrespective of their tenure status, with respect to land that they own, occupy or use provided they own, occupy or use the affected land prior to the cut-off-date. The cut-off date for eligibility to resettlement entitlements for all the project roads is January 2011. Properties that are eligible for compensation are: structures, land, assets on the land such as crops, trees etc. Participation and Public Consultation A comprehensive public consultation programme was undertaken to ensure that all of the information pertaining to the project and its likely impacts is disseminated, in order to implement it in a transparent manner. Particular focus was given to the issues related to involuntary resettlement. In line with the above, the Consultants held meetings with all interested parties, and public consultation meetings and focus group discussions in all affected villages/sub-wards in the Project area, paying special attention to PAPs, during August 2010-January 2011. The consultation process provided an opportunity for stakeholders, and particularly PAPs, to express their views and opinions on the Project, and to raise issues of concern relating to the Project. Major issues found during consultations are as follows:  Appreciation for the project involved: expected benefits, improved water availability, short term employment during the construction period, welcoming the Project, and hoping to see it implemented in the near future;  Loss of land involved: compensation amounts, participation of the community in valuation, the assessment of different crops, and compensation for dual seasonal planting;  Structures and improvements involved: compensation issues, options for resettlement, and, impact on graveyards and religious facilities  Involvement of women and youth in the project involved: employment opportunities position of women and youth around landholding tenure and farming; and  Health concerns involved: the spread of STIs, particularly HIV/AIDS, an increase in water- borne diseases particularly malaria. During the meetings, the Consultants explained the project and related resettlement issues. In general there was no dissention about the proposed project. At the end of meetings it was confirmed that all participants agreed in principle with the proposed project. The minutes of the meetings were prepared and endorsed by the village government Chairmen/persons and member of the Consulting team. For clarity and understanding of the meeting proceedings by the local community, the minutes were prepared in Kiswahili language. General consultation with Government Officials was carried out before conducting the census and socio-economic survey of the Project Affected Persons (PAPs). Several meetings were held with Proponent - DAWASA Page 130 ESIA - Construction of Pipeline NEMC Application Ref No. 869 DAWASA‟ Officials (Head Quarters & Lower Ruvu), Officials from Kinondoni and Bagamoyo District Council, wards Council and village government Officials. The consultation was also carried out with the Central Government Ministries notably, Ministry of Lands, Housing and Human Settlement Developments (MLHHSD). Other stakeholders with the consultative meetings were held are: Ardhi University, Lugalo Barracks, Green Acres Public School, Boko Primary School, EPZ Kamal Industrial Estate and Coast Agriculture Research Station, Chambezi. The Consultants organized focus group discussion with the women group. The intention of the consultant was to obtain specific views from women as far as the project is concerned. Both, positive and negative issues were identified during these discussions. On the positive side, the Project is seen to be of benefit to women, in making their life easier in terms of greater availability of water from the NTM. The following additional benefits were identified: opportunities for income generation, women will obtain employment, and there will be less health problems relating to water diseases. The issues of concern raised by the women groups included: loss of land of the women-headed households loss of houses and other structures and tress, loss of businesses and related employment and increase in the prevalence of diseases particularly STDs and HIV/AIDS. Institutional Arrangements A number of agencies, governmental and non-governmental, have and are currently playing a role in the preparation and the implementation of the RAP, and others may make a contribution to the process. Their roles and responsibilities are shown as below: ES-2: Institutional Arrangements Activities Agency MCA-T/DAWASA, Ministry  Co-ordinating all Project activities and the RAP process, of Land Housing and including implementation. Human Settlements, Regional and District Commissioner.  Updating the PRAP and verification of affected properties; MCA-T/DAWASA, District  Preparation of payment schedule and resettlement action Land Officer, Chief process, assign representative committee members for Government Valuer, District resettlement process; and and Regional Commissioner.  The supervising valuation and verification and approval of the payment schedule and RAP report.  Planning, organising and supervising all processes associated MCA-T/DAWASA,, District with the resettlement activities; Administration, Ward/Mtaa  Supervising the activities of the implementing agency; Executive Officers and External Monitor  Providing administrative support to affected people on resettlement-related matters;  In collaboration with villages/Mtaa, confirming and validating eligible PAPs, vulnerable households;  Arranging and informing PAPs on the date, time and all other activities related to compensation payments, and oversee disbursements; Ensuring timely relocation of PAPs if any; and  Ongoing public consultation and disclosure of information.  Acting as the local liaison government agency regarding the Ward/Mtaa and District Project, as the first point of reference in grievance-solving Administration; MCA- mechanisms etc; T/DAWASA  Ensuring that no regulations and procedures are violated on the ground with respect to land acquisition, resettlement and Proponent - DAWASA Page 131 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Activities Agency compensation;  Facilitating and organising public consultation meetings; and Assisting in the payment of compensation to PAPs.  Maintaining a comprehensive database, recording the MCA-T and DAWASA demographics of all PAPs and their affected assets as captured in the demographic and asset verification and valuation exercises;  Implementing procedures for the co-ordination of compensation disbursement; and  Co-ordinating rehabilitation activities, including skills training and the development of income-generating activities. Grievance Redress Procedures A four-tier grievance redress procedure is spelt out in this report. This involves the implementing agency, PAPs, local government and the district administration. The process is expected to address among others: omission of enumeration of property and assets during the census survey as well as inadequate valuation, identification and disagreements on boundaries seizure of assets without compensation, family issues resulting into ownership dispute, disagreement on the resettlement package), and problems related to the time and manner of compensation payment. Preliminary Cost Estimates Based on the enumeration of affected assets and their value as estimated, the preliminary cost estimates of this PRAP is Tsh 6,671,225,364 (US$ 4,447,483). This cost includes the administrative cost associated with the implementation and the contingency. Further, this PRAP needs to be updated in order to have the verified and updated list of PAPs, formal valuation of properties and the implementation schedule. Proponent - DAWASA Page 132 ESIA - Construction of Pipeline NEMC Application Ref No. 869 APPENDIX 9 COMMENTS-RESPONSE TABLES Proponent - DAWASA Page 133 ESIA - Construction of Pipeline NEMC Application Ref No. 869 THE PROPOSED CONSTRUCTION OF LOWER RUVU TRANSMISSION MAIN MCA/CIF/0026/COM 004 – COMMENTS-RESPONSE TABLE Table 1: MCC Washington Comments – Response Table S/NO PAGE COMMENTS ACTION TAKEN 1 Executive The Executive Summary would benefit from also including general information on the size The size of pipe provided Summary of the proposed pipe as well as estimated number of villages or Project Affected Parties as requested (PAPs). This sort of information is provided later in the ESIA but it would be helpful to include a general overview upfront. The Executive Summary notes that a preliminary Resettlement Action Plan (RAP) and final RAP will be prepared prior to commencement of construction. Given the different Instruments reworded as environmental and social instruments being prepared for the project (e.g., ESIA, EMP, appropriate HSMP, Preliminary RAP, RAP), it would be helpful if the Executive Summary provided a summary of how these instruments will remain consistent with one another and who are the respective implementing and monitoring agencies responsible for the preparation of these instruments. 2 9 Construction Phase, Main Activities Comment accepted and complied The project description should include a discussion of the proposed construction method or sequence for the main activities. For example, a narrative of the steps required for installation of a representative section of pipe with details such as the anticipated trench dimensions, methods of trench excavation and backfill, and the sequence of incoming and outgoing materials would greatly aid the reader in assessing the potential impacts. Proponent - DAWASA Page 134 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Construction Phase, Main Activities Comment accepted and complied with The project description should include a discussion of the proposed construction method or sequence for the main activities. For example, a narrative of the steps required for installation of a representative section of pipe with details such as the anticipated trench dimensions, methods of trench excavation and backfill, and the sequence of incoming Construction method and and outgoing materials would greatly aid the reader in assessing the potential impacts. sequence of activities provided Excavate the trench and prepare the bedding for the pipe If the bedding will include any materials other than native, local soils, the document should indicate the material type, quantities, and source. 3 10 Table 3-2 Estimated Quantities of Construction Materials and Sources: Coarse Addressed aggregate, local supplier; Fine aggregate, Local supplier Table 3-2 suggests that aggregate will be sourced from an ongoing commercial operation, implying that the siting, permitting, and closure responsibilities are not directly associated with the project. However, Table 10.3 (p. 66) discusses closure of borrow pits. Please clarify whether there are additional materials that will come from quarries or borrow pits and, if so, indicate the material types and estimated volumes, and indicate whether any project-specific borrow locations are anticipated. 4 11 Wastes generated during the construction phase of the project will include... 4 potential disposal sites 3 Approximately 90,000 m excess excavated materials have been identified and 3 The document should discuss the proposed plan for the disposition of the 90,000 m of covered in the report excess spoil, including the number of truck trips, truck routes, destination, and placement procedures 5 15 Socio-Economic Environment Along the Pipeline Corridor Comment accepted and The description of baseline conditions should include a discussion of the current traffic complied with. situation along the routes that will either be used for construction traffic or that will be interrupted by construction activities. A discussion of Traffic situation is provided 6 19 Social-Economic Profile of Sample Households Addressed in the Given the high levels of illiteracy in the rural areas of Bagamoyo district, the ESIA and RAP Preliminary Proponent - DAWASA Page 135 ESIA - Construction of Pipeline NEMC Application Ref No. 869 (currently under preparation) should be sure to outline how messages regarding Resettlement Action resettlement and compensation have and will continue to be communicated to project Plan (RAP) affected parties. Special attention should be given to how these messages will be communicated to those who are illiterate and more vulnerable. 7 29 Land Act No. 4 and Village Land Act No. 5 of 1999 Addressed in the Preliminary The ESIA notes that “the proposed pipeline will follow the existing pipe and, where Resettlement Action private/village land is required, the provisions of the land and village Acts will apply.” Given Plan (RAP) that this ESIA is prepared for a World Bank financed project, it is important that the ESIA summarize gaps, if any, between the local laws pertaining to land ownership, such as the Land Act No. 4 and Village Act No. 5, and the World Bank’s resettlement policy. Should gaps be identified, mechanisms for how to bridge such gaps should be described in detail. 8 31 The World Bank’s Safeguard Policies The ESIA notes that the following World Bank Safeguard Policies apply: OP 4.01 Comment accepted; (Environmental Assessment), OP 4.12 (Involuntary Resettlement), and the Bank’s policy The WB OP on on disclosure of information. Please note that given the reference to the pipe passing disclosure of through the northern section of the Ruvu North Forest Reserve (p. 44), it is likely that the information reviewed Bank’s Operational Policy on Forests (OP 4.36) and Physical Cultural Resources (OP and the current 4.11) will also be applicable. Additionally, please note that the World Bank’s policy on procedure Disclosure of Information has been replaced with the revised World Bank policy on Access summarized to Information. The ESIA should verify whether the same procedures (e.g., making ESIA and RAP available in appropriate form and language for local public review at one or more convenient locations) is still applicable and/or any additional requirements. 9 32 Involuntary Resettlement (OP/BP 4.12) The ESIA repeatedly notes that OP 4.12 “in most cases” is triggered and “people…in most cases…[will be] compensated for their loss of land, property, or access either in kind or in cash.” The wording in the ESIA should be revised to reflect that OP 4.12 will be applied to the project as whole and not on a case by case basis. Please note that OP 4.12 covers direct and social impacts and includes land acquisition, asset acquisition (homes, structures, trees, crops, etc.), physical relocation, and loss of access to resources (grazing Addressed lands, fishing, etc.). The ESIA also notes that it will abide by “the Tanzania and WB (2001) Involuntary Resettlement Frameworks.” The ESIA should clarify whether a Reset tlement Policy Framework (RPF) was prepared in Tanzania in the past and whether parts of the RPF will be used to help develop the RAP. As the ESIA reads now it is confusing. Given that the Proponent - DAWASA Page 136 ESIA - Construction of Pipeline NEMC Application Ref No. 869 route for the water pipeline has been identified and the likelihood of involuntary resettlement has been assessed and confirmed, a Resettlement Action Plan (RAP) will need to be prepared and disclosed prior to the World Bank’s appraisal process. The ESIA Addressed should state explicitly that the project will follow a site-specific RAP prepared for the project and not a generic framework. The ESIA notes that “a preliminary RAP will be prepared under the current consulting services” and “will be finalized and implemented prior to construction”. Given that the proposed project comprises of a long and narrow corridor, administrative coordination is likely to be difficult, particularly if the project passes through many local areas. We recommend that ESIA pay close attention to these issues. Early census covering the entire planned corridor of impact is essential in establishing baseline for existing population and also preventing encroachment. 10 33 Stakeholder Consultation and Public Participation Section 6.1 through 6.7 provides an overview of consultations and public participation. The ESIA would benefit from including more detailed information regarding the consultation process. The ESIA notes that “sufficient and transparent information” was provided but does not explain how this was done in practice. How was information about the project Addressed communicated to stakeholders and how did the consultation process take into account their interests, needs, and concerns? The overview explains how measures were taken to ensure that stakeholder groups participated in public meetings but does not explain whether these groups actually did participate in the meetings. How did the process ensure gender sensitivity and fair representation? Overall, more specific information regarding the consultation and public participation process should be provided. The consultation and participation process should be organized in ways that capture the views and concerns of different groups and in manners and forums appropriate to them. 11 44 Construction Phase Comment Accepted. The ESIA notes that the pipeline “passes through the extreme northern section of the Ruvu Clarification provided to North Forest Reserve”. Despite the fact that this section is made up of sparse scrub and confirm that the project grassland, the ESIA will need to justify why OP 4.36 (Forests) is not triggered since the will not bring about pipeline will go through a forest reserve. changes in the quality and health of natural forests and habitats. Operational Phase The ESIA notes that “Being a simple conveyance system carrying potable water, the This is beyond the scope Proponent - DAWASA Page 137 ESIA - Construction of Pipeline NEMC Application Ref No. 869 potential impacts associated with operation are relatively few and minor, and these of this assignment can be largely mitigated through good design and construction.” The operational impacts of the pipeline include the conveyance of an additional 90 MLD into the service areas upon completion of the planned Lower Ruvu Water Treatment Plant upgrade, increasing to an additional 180 MLD when the plant reaches its ultimate capacity of 360 MLD. The document should include a discussion of the current methods of wastewater management in the service areas, provide some assessment of the existing system’s capacity to handle the increased flows, and discuss any potential related impacts. 12 46 Comment Accepted. Table 8.1 Potential Impacts and Mitigation Measures Table 8.1. is numbered It would be very helpful if the impacts in Table 8.1 could be numbered to match the numbering of the impacts listed in table 9.2. 13 47 Under the negative impact titled “displacement of persons and structures” the probability is Comment not accepted. rated as low. This should be revised to reflect medium to high since resettlement is already Rating medium to high known along the corridor. will shift the area of impact to sub-regional and regional levels respectively Removal of trees and other flora Comment accepted. A The owner of land from which trees are removed should be given the option to footnote provided taking either retain the wood for his own use or to have the Contractor remove it from his on board the suggested land. words 14 48 Comment accepted. Fuel spillage Mitigation measures should include the use of drip pans if any fueling of construction Suggestion included as equipment will occur outside of designated fuel filling sites and include the advance mitigation measure as provision of spill control materials at all fueling or vehicle maintenance locations. appropriate Comment accepted. Suggestion provided as a Proponent - DAWASA Page 138 ESIA - Construction of Pipeline NEMC Application Ref No. 869 footnote Disturbance to vehicular and pedestrian traffic caused by working in / near roads, and crossing roads The authors should confirm that the impact ratings include any negative impacts from both the projected level of construction traffic and the anticipated road restrictions or closures due to construction. Comment accepted. Prepare and implement a Traffic Management Plan Suggestion mitigation The Traffic Management Plan should include adequate provisions for traffic and pedestrian measures included safety near construction areas during non-working hours such as nights and weekends. as appropriate Mitigation measures could include minimizing road restrictions during non-working hours and the provision of adequate signage, lighting, or physical barriers. 15 50 Comment accepted. Disturbance of existing utilities and services Suggestion mitigation Mitigation measures should include physically marking the locations of any underground measures included as utilities appropriate 16 56 Table 9.2 Environmental and Social Management Plan Displacement of persons and structures is identified as an impact and “appropriate compensation payments in accordance with Tanzanian and World Bank policy RAP provides details as frameworks” is the proposed mitigation measure. The RAP should specify clearly who are mentioned. Contents of the Project Affected Parties (PAPs), what are the affected assets, and the required RAP provided. compensation for loss of land or assets. In order to remain in compliance with OP 4.12, compensation must reflect the replacement value of each asset that will be affected or taken as a result of the project. The ESIA should summarize the contents of the RAP. DAWASA is identified as the responsible party for displacement of persons and structures. What is DAWASA’s experience implementing RAPs and how will any weaknesses identified be strengthened to ensure proper implementation of RAP? Increased risk of HIV/STD among local communities Comment accepted. Increased risk of HIV/STD among local communities is identified as another impact. The The role of local NGOs ESIA should describe how neighboring communities will be informed of the increased risk and CBOs in information of HIV/STD among local communities. exchange included 17 61 Performance Reporting The ESIA notes “regular reporting of dust, noise, vibration and water quality will be Comments accepted. required by the Construction Contractor and the regulatory authority.” The reporting needs Suggested items included to include additional items, such as, but not limited to, erosion, runoff control, spills, and as appropriate Proponent - DAWASA Page 139 ESIA - Construction of Pipeline NEMC Application Ref No. 869 waste management. 18 63 Table 10.1 Monitoring Tools Addressed The ESIA should reflect in Table 10.1(Monitoring Tools) the Resettlement tool that will be used to monitor proper RAP implementation 19 64 Responsible Parties Preliminary RAP is the The ESIA refers to a preliminary Resettlement Action Plan, Resettlement Action Plan, and resettlement instrument. Resettlement Frameworks. The ESIA should state explicitly which resettlement instrument is being prepared, by when, and who will be the responsible implementing agency. Addressed. 20 65 Table 10.4 Cost Estimate for Implementation of ESMP: Temporary and auxiliary Comment accepted; works (by Contractor) A footnote is provided to It is not clear what temporary and auxiliary works related to environmental compliance show some auxiliary account for the $100,000 estimate. Please clarify. items to be costed Table 2: MCA-T Verification Changes – Response Table S/NO PAGE COMMENTS ACTION TAKEN 1 ii Table of Contents - Pages correction accepted and changed 2 4 Please indicate that the full process and results are described in Chapter 5. correction accepted and changed 3 5 Based on Table 1.2., between 7.5% (kongo Village) and 83% (Kerege Village) of Section modified as appropriate households were surveyed. . Please clarify. If the method of selection was convenience and accessibility rather than random this should be clearly stated. Further, if a random sample were drawn, then those settlements with higher concentrations of households would be more likely to have more households selected in the sample, which is not the case. PLEASE REVIEW THESE FIGURES. Proponent - DAWASA Page 140 ESIA - Construction of Pipeline NEMC Application Ref No. 869 4 9 Incomplete sentence. Sentence Correction Accepted; Wording reviewed and altered 5 15 If the transect method was used, why are not the main physical and biological characteristics along the pipeline also summarized (e.g., from chainage X1 to X2 the Summary provided in section predominant vegetation types are…, and so on? 4.2.2. Table 4.1. 6 23 The institutional/administrative framework for environmental management is not A new section could not be developed in this chapter. Please include a new section with this content. developed because this will go against the structure agreed in the ToR The roles of WB/MCC, MCA-T, DAWASA and DAWASCO in socio-environmental Comments accepted and topic oversight of the project are missing. Please develop this topic. developed as requested 7 32 What about permits? Comment accepted and Clarification provided 8 34 This categorization seems to contradict the ―Type A‖ category indicated in Chapter Clarification provided by 1, which is based on Tanzanian regulations. Please discuss and clarify. additional information and footnotes Has the WB classified this operation as a Category B Project? Please specify and Specification provided indicate WB requirements for this type of project. 9 58 See MCA-T Guidelines for the Site-Specific ESMP and HSMP. Addressed 10 67 Provide required qualifications here. Comment accepted and Qualification provided in a footnote 11 68 The plan does not include reporting requirements Comment accepted; Reporting requirement provided Proponent - DAWASA Page 141 ESIA - Construction of Pipeline NEMC Application Ref No. 869 Table 3. NEMC Comments-Response Table CATEGORY REVIEW AREA COMMENTS ACTION TAKEN 1.General Non-Technical summary to be in both English Accepted and complied with Comments and Swahili 2.Specific R REVIEW AREA 1: Comments Description of the Development, Legal Framework, Local Environment and baseline Conditions 1.1.1 Provide sources of Information to all Figures Comments accepted and complied with and Tables throughout the report (e.g. Fig 6 on Page 31, Table 2 on page 33, Table 10 on Page 44, etc. Provide essential of the map, figure 3.1 and Figure 3.2. as well as page numbers 1.1.2. Provide estimate of the total cost of the project Comment accepted and total cost provided. Estimated Cost is about 90 million US $ (Page 8) 1.1.3 Provide the type and quantity of wastes to be Comment accepted and complied with (see page 12) produced by the project as well as methods of managing them 1.1.4 On page 11, provide the location f the The location of rented offices will be determined by secondary site office (Camp) and provide all the Construction Contractor impacts associated with it as well as main site to be located in Dar es Salaam 1.1.5 The report does not show the number of the Comment accepted and complied with. An Executive people who will be affected by the project Summary of Preliminary Resettlement Action Plan during the construction s well as number of (PRAP) is appended Proponent - DAWASA Page 142 ESIA - Construction of Pipeline NEMC Application Ref No. 869 people needed to be compensated On page 11, wastes generated during There will be no wastes generated whatsoever in the construction are well explained but during transmission main. operation its not the case since there are expected to be wastes of chemicals and spillages from tanks. How this is going to be handled? 1.1.7 Page 19, Section 4.3.3 can be merged with Disagree. Section 4.4 is based on actual survey Section 4.4 to minimize the length of the results and not on secondary data sections 1.1.8 Since the project is operating in a coastal Accepted and Complied with district where majority of population utilize coastal resources, this EIA report should definitely consult the National Integrated Coastal Environmental management Strategy of 2003 (NICEMS, 2003) which advocates wise use coastal resources in an integrated manner for the benefit of today and future generations. • 1.2 Policy and Legal Framework 1.2.1 On page 28, the relevance of the EMA to the project should include management of solid, Comment accepted and included liquid, gaseous and hazard us wastes, pollution prevention and monitoring and auditing the project 1.2.2 On page 29, under the Occupational Health Comment accepted and included and Safety Act, 2003, the report should address the issues of registration of the work place, submission of work plan, training of machines operators, handling of chemicals, provision of workers' protective gears, provision of sanitary facilities Proponent - DAWASA Page 143 ESIA - Construction of Pipeline NEMC Application Ref No. 869 1.2.3. On page 30, The Wildlife Conservation t of Comment accepted and complied with 1974 has been Revised by Wildlife Conservation Act NO.5 of 2009 1.2.4 The report should also address the following legislations: - Comment accepted and complied with i. Water Supply and Sanitation Act No. 12 ii. The Public Health Act, 2008 iii. The Local Government (Urban Development Control) Regulations 2008 iv. Industrial & Consumer Chemicals (Management and Control) Act, 2003 v. The workers Compensation Act, Cap 26 vi. The Dar es Salaam Water and Sewerage Authority Act, Cap 273 vii. The Urban Planning Act No.8 of 2007 viii. National Conservation Strategy for Sustainable Development (NCSSD) of 1995 ix. National Environment Action Plan (NEA ) of 1994 x. National Adaptation Programme of Action (NAPA) of 2007 REVIEW AREA 2: Identification and Evaluation on of key Impacts 2..1. The report ought to have discussed impacts of Discussion of the impacts of existing pipeline is the existing water pipeline in order to outside the Scope of Work of this exercise. We have assess the magnitude of the cumulative collected all the relevant baseline information and impacts, if any tried to figure out the project‟s significant impacts and designed appropriate mitigation measures REVIEW AREA 3: Alternatives, Mitigations, MP and Commitment Proponent - DAWASA Page 144 ESIA - Construction of Pipeline NEMC Application Ref No. 869 3.1 Under EMP include the mitigation costs for Comments accepted and complied with. each impact showing commitment (see page 56) A table of estimated costs for the implementation of the Environmental and Social Management Plan is provided. 3.2. One: of the mitigation measures for the Comment accepted and included as appropriate impacts of dust, noise, exhaust emissions, fuel spillage. Page should include 47: - (i) Complying with Air quality, soil quality and water quality standard regulations, of 2007. REVIEW AREA 4: Stakeholders Participation and Communicatio n of Results Cover page should adhere with the Regulation Comment Accepted and complied with 4.1 18 2(b), Include the actual date of submitting report to the NEMC as per Section 87 EMA Cap 191.. Also exclude the following words: - i. " Draft Report" ii. " NEMC Application Ref. No. 869" Millennium Challenge Account cannot be removed iii. " Millennium Challenge Accounts 4.2. Proof read the whole documents so as to avoid Comment accepted and complied with typological and grammatical errors 4.3 Recast Chapter 11 to read Summary and Comment accepted and complied with Conclusion as per EIA and Audit Regulation of 2005 4.4. The consultation is not exhaustive: The Comment accepted and complied with Bagamoyo DWE and DAS as the key stakeholder were not consulted. They should be consulted and their views should be included in the final EIS. 4.5 Non Technical Executive Summary is not Comment accepted and complied with Proponent - DAWASA Page 145 ESIA - Construction of Pipeline NEMC Application Ref No. 869 detailed as it misses the following contrary to Reg. 19 (2): - i. Impacts and how they will be mitigated ii. Swahili version 4.6 The terms ESIA study, ESIA team re Comment accepted and complied with erroneously used throughout the document instead of "EIA study" or " IA team" Correction should be made throughout the document Include in the appendices the following: Comment accepted and complied with. 4.7 i. Terms of Reference that was approved by NEMC ToR and Executive Summary of Preliminary ii. Provide RAP Brief Report or its executive Resettlement Action Plan (PRAP) appended summary if available 4.8 Chapters on Cost Benefit Analysis and de- Cost and Benefit analysis was not part of this pipeline commissioning are missing. (See Page(i) & (ii» expansion activity. A section on decommissioning has been prepared and included in the report. 4.9 Some of the acronyms and abbreviations are Comment accepted and complied with missing in the list. For example TTCL, SONGAS, JICA, SMEC etc Provide comments-response table indicating Comments- Response Table was prepared as CONCLUSION comments addressed by section and page, appropriate where the comments have seen addressed. Proponent - DAWASA Page 146